USA > Indiana > Steuben County > History of Steuben County, Indiana, together withbiographies of representative citizens > Part 6
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SUBSEQUENT CAREER OF HAMILTON.
Henry Hamilton, who had acted as Lieutenant and Governor of the British possessions under Sir George Carleton, was sent for-
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ward, with two other prisoners of war, Dejean and LaMothe, to Williamsburg, Va., early in June following, 1779. Proclamations, in his own handwriting, were found, in which he had offered a. specific sum for every American scalp brought into the camp, either by his own troops or his allies, the Indians; and from this he was denominated the "hair-buyer General." This and much other tes- timony of living witnesses at the time, all showed what a savage he was. Thomas Jefferson, then Governor of Virginia, being made aware of the inhumanity of this wretch, concluded to resort to a little retaliation by way of closer confinement. Accordingly he ordered that these three prisoners be put in irons, confined in a dungeon, deprived of the use of pen, ink and paper, and be ex- cluded from all conversation except with their keeper. Major General Phillips, a British officer out on parole in the vicinity of Charlottesville, where the prisoners now were, in closer confine- ment, remonstrated, and President Washington, while approving of Jefferson's course, requested a mitigation of the severe order, lest the British be goaded to desperate measures.
Soon afterward Hamilton was released on parole, and he subse- quently appeared in Canada, still acting as if he had jurisdiction in the United States.
GIBAULT.
The faithful, self-sacrificing and patriotic services of Father Pierre Gibault in behalf of the Americans require a special notice of him in this connection. He was the parish priest at Vincennes, as well as at Kaskaskia. He was, at an early period, a Jesuit mis- sionary to the Illinois. Had it not been for the influence of this man, Clark could not have obtained the influence of the citizens at either place. He gave all his property, to the value of 1,500 Spanish milled dollars, to the support of Col. Clark's troops, and never re- ceived a single dollar in return. So far as the records inform us, he was given 1,500 Continental paper dollars, which proved in the end entirely valueless. He modestly petitioned from the Govern- ment a small allowance of land at Cahokia, but we find no account of his ever receiving it. He was dependent upon the public in his older days, and in 1790 Winthrop Sargent "conceded" to him a lot of about "14 toises, one side to Mr. Millet, another to Mr. Vaudrey, and to two streets,"-a vague description of land.
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VIGO.
Col. Francis Vigo was born in Mondovi, in the kingdom of Sar- dinia, in 1747. He left his parents and guardians at a very early age, and enlisted in a Spanish regiment as a soldier. The regiment was ordered to Havana, and a detachment of it subsequently to New Orleans, then a Spanish post; Col. Vigo accompanied this de- tachment. But he left the army and engaged in trading with the Indians on the Arkansas and its tributaries. Next he settled at St. Lonis, also a Spanish post, where he became closely connected, both in friendship and business, with the Governor of Upper Louisiana, then residing at the same place. This friendship he enjoyed, though he could only write his name; and we have many circumstantial evidences that he was a man of high intelligence, honor, purity of heart, and ability. Here he was living when Clark captured Kas- kaskia, and was extensively engaged in trading up the Missouri.
A Spaniard by birth and allegiance, he was under no obligation to assist the Americans. Spain was at peace with Great Britain, and any interference by her citizens was a breach of neutrality, and subjected an individual, especially one of the high character and standing of Col. Vigo, to all the contumely, loss and vengeance which British power could inflict. But Col. Vigo did not falter. With an innate love of liberty, an attachment to Republican prin- ciples, and an ardent sympathy for an oppressed people struggling for their rights, he overlooked all personal consequences, and as soon as he learned of Clark's arrival at Kaskaskia, he crossed the line and went to Clark and tendered him his means and influence, both of which were joyfully accepted.
Knowing Col. Vigo's influence with the ancient inhabitants of the country, and desirous of obtaining some information from Vincennes, from which he had not heard for several months, Col. Clark proposed to him that he might go to that place and learn the actual state of affairs. Vigo went without hesitation, but on the Embarrass river he was seized by a party of Indians, plundered of all he possessed, and brought a prisoner before Hamilton, then in pos- session of the post, which he had a short time previously captured, holding Capt. Helm a prisoner of war. Being a Spanish subject, and .consequently a non-combatant, Gov. Hamilton, although he strongly suspected the motives of the visit, dared not confine him, but admitted him to parole, on the single condition that he should daily report himself at the fort. But Hamilton was embar-
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rassed by his detention, being besieged by the inhabitants of the town, who loved Vigo and threatened to withdraw their support from the garrison if he would not release him. Father Gibault was the chief pleader for Vigo's release. Hamilton finally yielded, on con- dition that he, Vigo, would do no injury to the British interests on his way to St. Louis. He went to St. Louis, sure enough, doing no injury to British interests, but immediately returned to Kaskaskia and reported to Clark in detail all he had learned at Vincennes, without which knowledge Clark would have been unable to ac- complish his famous expedition to that post with final triumph. The redemption of this country from the British is due as much, probably, to Col. Vigo as Col. Clark.
GOVERNMENT OF THE NORTHWEST.
Col. John Todd, Lieutenant for the county of Illinois, in the spring of 1779 visited the old settlements at Vincennes and Kas- kaskia, and organized temporary civil governments in nearly all the settlements west of the Ohio. Previous to this, however, Clark had established a military government at Kaskaskia and Vincennes, appointed commandants in both places and taken up his headquar- ters at the falls of the Ohio, where he could watch the operations of the enemy and save the frontier settlements from the depreda- tions of Indian warfare. On reaching the settlements, Col. Todd issued a proclamation regulating the settlement of unoccupied lands and requiring the presentation of all claims to the lands set- tled, as the number of adventurers who would shortly overrun the country would be serious. He also organized a Court of civil and criminal jurisdiction at Vincennes, in the month of June, 1779. This Court was composed of several magistrates and presided over by Col. J. M. P. Legras, who had been appointed commandant at Vincennes. Acting from the precedents established by the early French commandants in the West, this Court began to grant tracts of land to the French and American inhabitants; and to the year 1783, it had granted to different parties about 26,000 acres of land; 22,000 more was granted in this manner by 1787, when the practice was prohibited by Gen. Harmer. These tracts varied in size from a house lot to 500 acres. Besides this loose business, the Court entered into a stupendous speculation, one not altogether creditable to its honor and dignity. The commandant and the magistrates under him suddenly adopted the opinion that they were invested
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with the authority to dispose of the whole of that large region which in 1842 had been granted by the Piankeshaws to the French inhabitants of Vincennes. Accordingly a very convenient arrange- ment was entered into by which the whole tract of country men- tioned was to be divided between the members of the honorable Court. A record was made to that effect, and in order to gloss over the steal, each member took pains to be absent from Court on the day that the order was made in his favor.
In the fall of 1780 La Balme, a Frenchman, made an attempt to capture the British garrison of Detroit by leading an expedition against it from Kaskaskia. At the head of 30 men he marched to Vincennes, where his force was slightly increased. From this place he proceeded to the British trading post at the head of the Maumee, where Fort Wayne now stands, plundered the British traders and Indians and then retired. While encamped on the bank of a small stream on his retreat, he was attacked by a band of Miamis, a number of his men were killed, and his expedition against Detroit was ruined.
In this manner border war continued between Americans and their enemies, with varying victory, until 1783, when the treaty of Paris was concluded, resulting in the establishment of the inde- pendence of the United States. Up to this time the territory now included in Indiana belonged by conquest to the State of Virginia; but in January, 1783, the General Assembly of that State resolved to cede to the Congress of the United States all the territory north- west of the Ohio. The conditions offered by Virginia were accepted by Congress Dec. 20, that year, and early in 1784 the transfer was completed. In 1783 Virginia had platted the town of Clarksville, at the falls of the Ohio. The deed of cession provided that the territory should be laid out into States, containing a suita- ble extent of territory not less than 100 nor more than 150 miles square, or as near thereto as circumstances would permit; and that the States so formed shall be distinct Republican States and admitted members of the Federal Union, having the same rights of sovereignty, freedom and independence as the other States. The other conditions of the deed were as follows: That the necessary and reasonable expenses incurred by Virginia in subduing any British posts, or in maintaining forts and garrisons within and for the defense, or in acquiring any part of the territory so ceded or relinquished, shall be fully reimbursed by the United States; that the French and Canadian inhabitants and other settlers of the Kas-
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kaskia, Post Vincennes and the neighboring villages who have pro- fessed themselves citizens of Virginia, shall have their titles and possessions confirmed to them, and be protected in the enjoyment of their rights and privileges; that a quantity not exceeding 150,- 000 acres of land, promised by Virginia, shall be allowed and granted to the then Colonel, now General, George Rogers Clark, and to the officers and soldiers of his regiment, who marched with him when the posts and of Kaskaskia and Vincennes were reduced, and to the officers and soldiers that have been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such a place on the northwest side of the Ohio as a majority of the officers shall choose, and to be afterward divided among the officers and soldiers in due proportion according to the laws of Virginia; that in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland river, and between Green river and Ten. nessee river, which have been reserved by law for the Virginia troops upon Continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the defi- ciency shall be made up to the said troops in good lands to be laid off between the rivers Scioto and Little Miami, on the northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia; that all the lands within the ter- ritory so ceded to the United States, and not reserved for or appro- priated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia included, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide dis- posed of for that purpose and for no other use or purpose whatever.
After the above deed of cession had been accepted by Congress, in the spring of 1784, the matter of the future government of the territory was referred to a committee consisting of Messrs. Jeffer- son of Virginia, Chase of Maryland and Howell of Rhode Island, which committee reported an ordinance for its government, provid- ing, among other things, that slavery should not exist in said terri- tory after 1800, except as punishment of criminals; but this article of the ordinance was rejected. and an ordinance for the temporary
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government of the county was adopted. In 1785 laws were passed by Congress for the disposition of lands in the territory and pro- hibiting the settlement of unappropriated lands by reckless specu- lators. But human passion is ever strong enough to evade the law to some extent, and large associations, representing considerable means, were formed for the purpose of monopolizing the land busi- ness. Millions of acres were sold at one time by Congress to asso- ciations on the installment plan, and so far as the Indian titles could be extinguished, the work of settling and improving the lands was pushed rapidly forward.
ORDINANCE OF 1787.
This ordinance has a marvelous and interesting history. Con- siderable controversy has been indulged in as to who is entitled to the credit for framing it. This belongs, undoubtedly, to Nathan Dane; and to Rufus King and Timothy Pickering belong the credit for suggesting the proviso contained in it against slavery, and also for aids to religion and knowledge, and for assuring for- ever the common use, without charge, of the great national high- ways of the Mississippi, the St. Lawrence and their tributaries to all the citizens of the United States. To Thomas Jefferson is also due much credit, as some features of this ordinance were embraced in his ordinance of 1784. But the part taken by each in the long, laborious and eventful struggle which had so glorious a consum- mation in the ordinance, consecrating forever, by one imprescript- ible and unchangeable monument, the very heart of our country to Freedom, Knowledge, and Union, will forever honor the names of those illustrious statesmen.
Mr. Jefferson had vainly tried to secure a system of government for the Northwestern territory. He was an emancipationist and favored the exclusion of slavery from the territory, but the South voted him down every time he proposed a measure of this nature. In 1787, as late as July 10, an organizing act without the anti- slavery clause was pending. This concession to the South was expected to carry it. Congress was in session in New York. On July 5, Rev. Manasseh Cutler, of Massachusetts, came into New York to lobby on the Northwestern territory. Everything seemed to fall into his hands. Events were ripe. The state of the public credit, the growing of Southern prejudice, the basis of his mission, his personal character, all combined to complete one of those sudden
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and marvelous revolutions of public sentiment that once in five or ten centuries are seen to sweep over a country like the breath of the Almighty.
Cutler was a graduate of Yale. He had studied and taken de- grees in the three learned professions, medicine, law, and divinity. He had published a scientific examination of the plants of New England. As a scientist in America his name stood second only to that of Franklin. He was a courtly gentleman of the old style, a man of commanding presence and of inviting face. The Southern members said they had never seen such a gentleman in the North. He came representing a Massachusetts company that desired to purchase a tract of land, now included in Ohio, for the purpose of planting a colony. It was a speculation. Government money was worth eighteen cents on the dollar. This company had collected enough to purchase 1,500,000 acres of land. Other speculators in New York made Dr. Cutler their agent, which enabled him to represent a demand for 5,500,000 acres. As this would reduce the national debt, and Jefferson's policy was to provide for the public credit, it presented a good opportunity to do something.
Massachusetts then owned the territory of Maine, which she was crowding on the market. She was opposed to opening the North- western region. This fired the zeal of Virginia. The South caught the inspiration, and all exalted Dr. Cutler. The entire South ral. lied around him. Massachusetts could not vote against him, be- cause many of the constuitents of her members were interested personally in the Western speculation. Thus Cutler, making friends in the South, and doubtless using all the arts of the lobby, was enabled to command the situation. True to deeper convic- tions, he dictated one of the most compact and finished documents of wise statesmanship that has ever adorned any human law book. He borrowed from Jefferson the term "Articles of Compact," which, preceding the federal constitution, rose into the most sacred char- acter. He then followed very closely the constitution of Massa- chusetts, adopted three years before. Its most prominent points were:
1. The exclusion of slavery from the territory forever.
2. Provision for public schools, giving one township for a semi- nary and every section numbered 16 in each township; that is, one thirty-sixth of all the land for public schools.
3. A provision prohibiting the adoption of any constitution or the enactment of any law that should nullify pre-existing contracts.
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Be it forever remembered that this compact declared that "re- ligion, morality, and knowledge being necessary to good govern- ment and the happiness of mankind, schools and the means of edu- cation shall always be encouraged." Dr. Cutler planted himself on this platform and would not yield. Giving his unqualified dec- laration that it was that or nothing,-that unless they could make the land desirable they did not want it,-he took his horse and buggy and started for the constitutional convention at Philadelphia. On July 13, 1787, the bill was put upon its passage, and was unani- mously adopted. Thus the great States of Ohio, Indiana, Illinois, Michigan and Wisconsin, a vast empire, were consecrated to free dom, intelligence, and morality. Thus the great heart of the nation was prepared to save the union of States, for it was this act that was the salvation of the republic and the destruction of slavery. Soon the South saw their great blunder and tried to have the compact repealed. In 1803 Congress referred it to a committee, of which John Randolph was chairman. He reported that this ordinance was a compact and opposed repeal. Thus it stood, a rock in the way of the on-rushing sea of slavery.
The " Northwestern Territory " included of course what is now the State of Indiana; and Oct 5, 1787, Maj. Gen. Arthur St. Clair was elected by Congress Governor of this territory. Upon commencing the duties of his office he was instructed to ascertain the real temper of the Indians and do all in his power to remove the canses for controversy between them and the United States, and to effect the extinguishment of Indian titles to all the land possible. The Governor took up quarters in the new settlement of Marietta, Ohio, where he immediately began the organization of the government of the territory. The first session of the General Court of the new territory was held at that place in 1788, the Judges being Samuel H. Parsons, James M. Varnum and John C. Symmes, but under the ordinance Gov. St. Clair was President of the Court. After the first session, and after the necessary laws for government were adopted, Gov. St. Clair, accompanied by the Judges, visited Kaskaskia for the purpose of organizing a civil gov- ernment there. Full instructions had been sent to Maj. Hamtramck, commandant at Vincennes, to ascertain the exact feeling and temper of the Indian tribes of the Wabash. These instructions were ac- companied by speeches to each of the tribes. A Frenchman named Antoine Gamelin was dispatched with these messages April 5, 1790, who visited nearly all the tribes on the Wabash, St. Joseph and St.
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Mary's rivers, but was coldly received; most of the chiefs being dissatisfied with the policy of the Americans toward them, and prejudiced through English misrepresentation. Full accounts of his adventures among the tribes reached Gov. St. Clair at Kaskas- kia in June, 1790. Being satisfied that there was no prospect of effecting a general peace with the Indians of Indiana, he resolved to visit Gen. Harmar at his headquarters at Fort Washington and consult with him on the means of carrying an expedition against the hostile Indians; but before leaving he intrusted Winthrop Sargent, the Secretary of the Territory, with the execution of the resolutions of Congress regarding the lands and settlers on the Wabash. He directed that officer to proceed to Vincennes, lay out a county there, establish the militia and appoint the necessary civil and military officers. Accordingly Mr. Sargent went to Vin- cennes and organized Camp Knox, appointed the officers, and noti- fied the inhabitants to present their claims to lands. In establish- ing these claims the settlers found great difficulty, and concerning this matter the Secretary in his report to the President wrote as follows:
" Although the lands and lots which were awarded to the inhabi- tants appeared from very good oral testimony to belong to those persons to whom they were awarded, either by original grants, pur- chase or inheritance, yet there was scarcely one case in twenty where the title was complete, owing to the desultory manner in which public business had been transacted and some other unfor- tunate causes. The original concessions by the French and British commandants were generally made upon a small scrap of paper, which it has been customary to lodge in the notary's office, who has seldom kept any book of record, but committed the most im- portant land concerns to loose sheets, which in process of time have come into possession of persons that have fraudulently de- stroyed them; or, unacquainted with their consequence, innocently lost or trifled them away. By French usage they are considered family inheritances, and often descend to women and children. In one instance, and during the government of St. Ange here, a royal notary ran off with all the public papers in his possession, as by a certificate produced to me. And I am very sorry further to observe that in the office of Mr. Le Grand, which continued from 1777 to 1787, and where should have been the vouchers for important land transactions, the records have been so falsified, and there is such gross fraud and forgery, as to invalidate all evidence and informa- tion which I might have otherwise acquired from his papers."
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Mr. Sargent says there were about 150 French families at Vin- cennes in 1790. The heads of all these families had been at some time vested with certain titles to a portion of the soil; and while the Secretary was busy in straightening out these claims, he re- ceived a petition signed by 80 Americans, asking for the confirma- tion of grants of land ceded by the Court organized by Col. John Todd under the authority of Virginia. With reference to this cause, Congress, March 3, 1791, empowered the Territorial Governor, in cases where land had been actually improved and cultivated under a supposed grant for the same, to confirm to the persons who made such improvements the lands supposed to have been granted, not, however, exceeding the quantity of 400 acres to any one per- son.
LIQUOR AND GAMING LAWS.
The General Court in the summer of 1790, Acting Governor Sargent presiding, passed the following laws with reference to vending liquor among the Indians and others, and with reference to games of chance:
1. An act to prohibit the giving or selling intoxicating liquors to Indians residing in or coming into the Territory of the United States northwest of the river Ohio, and for preventing foreigners from trading with Indians therein.
2. An act prohibiting the sale of spirituous or other intoxicat- ing liquors to soldiers in the service of the United States, being within ten miles of any military post in the territory; and to pre- vent the selling or pawning of arms, ammunition, clothing or a ccontrements.
3. An act prohibiting every species of gaming for money or property, and for making void contracts and payments made in consequence thereof, and for restraining the disorderly practice of discharging arms at certain hours and places.
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